HAR §17-676-34. Lump sum benefits

Any other lump sum cash benefit, which is not considered to be earned income and not exempt in subchapters 9 and 11, shall be counted as unearned income. [Eff 3/19/93; am 8/01/94; comp 11/09/06] (Auth: HRS §346-53) (Imp: §346-29; 7 C.F.R. §273.9; 45 C.F.R. §233.20) §17-676-35 Assistance from other agencies and organizations. (a) Assistance provided by any public or private agency shall not be counted as income for financial assistance if no duplication exists between such other assistance and that provided by the department. Non-duplication of assistance shall be assured by: (1) The different purpose for which the other agency grants aid such as vocational rehabilitation; (2) The provision of goods and services that are not included in the department’s standard of assistance; or (3) For the financial assistance program, the provision of supplemental payments that do not exceed the difference between the standard of need and the standard of assistance. (b) In the food stamp program, unearned income shall include: (1) Assistance payments from federal, federally aided, or state financial assistance programs including: (A) Supplemental security income (SSI); (B) Aid to families with dependent children (AFDC); (C) General assistance (GA); (D) Work transition program; (E) Other assistance programs based on need, including state loans to SSI applicants; and (F) Assistance payments from programs which require, as a condition of eligibility, §17-676-36 676-21 the actual performance of work without compensation other than the assistance payments themselves, such as the temporary labor force program. Such assistance shall be considered unearned income even if provided in the form of a vendor payment, unless the vendor payment is exempt from consideration as countable income as specified in section 17-676-89; (2) All or part of a financial assistance grant which would normally be provided in a money payment to the household, but which is diverted to third parties or to a protective payee for purposes such as managing a household’s expenses, unless specifically excluded in section 17-676-89. However, payments by the department that would not normally be provided in a money payment to the household, that are above normal financial assistance grants, shall be excluded as a vendor payment if the payments are made directly to a third party for a household expense. This rule shall apply even if the household has the option of receiving a direct cash payment; (3) Payments from government sponsored programs such as agriculture stabilization and conservation service programs, dividends, interest, royalties, and all other direct money payments from any source which may be construed to be a gain or benefit. [Eff 3/19/93; am 8/1/94; am 7/16/99; am and comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29; 45 C.F.R. §233.20) §17-676-36 Financial assistance from another state. (a) Any individual or family receiving financial assistance from another state shall be eligible for financial assistance for the period §17-676-36 676-22 during which financial assistance is available from another state provided the individual or family: (1) Establishes state residency; and (2) Meets all eligibility requirements. (b) The financial assistance payment received from another state shall be considered unearned income in the financial assistance and food stamp programs. [Eff 3/19/93; am 8/1/94; comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29; 45 C.F.R. §233.40)